SDCOE was wrong to
use Stutz law firm to do
this. But perhaps no
other law firm would do
it. Public entities should
not be involved in
lawsuits; the law forbids it.
In addition, public officials
should not commit
perjury to escape a
Lora Duzyk falsely
claimed that this blogger
"stalked" and "made a
credible threat of
violence." The judge
said this was not true.
When a public
SDCOE retaliates when citizen attempts to serve a deposition
subpoena on Diane Crosier
SDCOE asked for restraining order against the author of this website. Diane Crosier
and Supt. Randall Ward use SDCOE resources to advance a private lawsuit by their
contract lawyers at Stutz, Artiano Shinoff & Holtz.
Assistant Superintendent Lora Duzyk swore under penalty of perjury (see below). But
the judge did't believe her. Why? She wasn't credible. (See judge's order in red
area at bottom of page.)
Kristie Mann declaration (see below)
Sandy Thompson declaration (see below)
Interestingly, SDCOE is acting in support of Chula Vista Elementary School District in this case
(although public entities are forbidden by law to engage in defamation lawsuits). Recently resigned
CVESD board member Bertha Lopez turns out to be no stranger to requests for restraining orders:
October 30, 1998
Chula Vista School Board Race Raises Question Of Character
By Daniel L. Munoz
By coincidence San Diego City Attorney Quinn had an Opinion on Domestic Violence published this
Thursday in the Union Tribune, University City edition. Generally one is quick to think only in terms of
males committing domestic violence against women. What caught my attention was that by a strange
coincidence, I had in my possession an order from the Superior Court of California, County of San
Diego that issued a Temporary Restraining order on a Candidate for the Chula Vista Elementary
School District Board of Education. The order was dated July 22, 1993.
As an Editor and Publisher, I had to question within myself this was a legitimate issue to bring out. City
Attorney Quinn's piece certified in my mind that I had no choice. It spoke to morels, ethics, violence,
and behavior that in an Elementary School setting could be very detrimental to the district and to the
School children. A Board Trustee sets policy, has to determine issues that might involve drug usage,
violence amongst the children, violence from the parents, not only that she has to work with the other
Board members, administrators, teachers and parents but with the community at large.
It is within my professional perimeters to make it public and let you the voters decide whether you still
desire to elect her.
The facts: Rafael Hernandez a UCSD Instructor of Teacher Education and an instructor at the Bishop
School in La Jolla, filed a request to the Superior Courts to have Bertha Lopez, who is a candidate for
the Chula Vista Elementary School Board of Trustees, placed on a Restraining Order. She was
restrained from being within 100 yards of his sister's house and of his place of work. Mr. Hernandez
indicated that they had a "dating or engagement relationship".
What concerned me was his statement that said: "Defendant (Bertha Lopez) constantly calls my work
and my home. She has started to follow me. She told me that it my all end in blood if I do not do what
she wants. I'm afraid for my safety. The `blood' threat took place on 7/16/93."
It is a matter of public record case # 368879. The case never came to court. At the date of the hearing
neither Mr. Hernandez nor Bertha Lopez failed to appear. The case was dismissed with out prejudice.
The choice is up to the voters.
As I was leaving, Kristi Mann pulled out a pad of paper and a pen and started asking questions. At first
she was calm and businesslike, but perhaps she was frustrated by her inability to rile me, and she
became more and more hostile. First she said she didn't know anything about serving papers, then she
said I was not allowed to serve papers because I was a party.
I did say, with a laugh, that she was full of baloney when she changed her story about not knowing
anything about serving.
She kept asking questions. In hindsight, I think she was trying to prolong my stay. She was on the
other side of a counter.
Well, That's My Job
March 5, 2009
Sometimes, as a
photojournalist, you find
yourself in situations
where people don't
exactly want you taking
Take this morning for
instance. The San Diego
decided in closed
session this morning to
accept the resignation of
their chief investment
officer, David Deutsch.
While the board
discussed this in closed
session, I approached
Deutsch with my wide
angle lens, stood directly
in front of him and
prepared to take a photo.
Deutsch sat, stared at
me for about 10 seconds
(which felt like an
eternity) and I told him
"Good Morning." He
shook his head and
continued to write on a
notepad and sip coffee
from an SDCERA mug.
Then, after he entered
the closed session
meeting, I went to wait in
the hallway for him to
exit. As he came down
the hallway he looked at
me and said "What?
Leave me alone already."
He then looked at two
women walking down the
hallway and continued:
"This guy's been taking
pictures of me all day."
Well, that's my job.
— SAM HODGSON
SAN DIEGO COUNTY
Case Location: San
Case Type: Civil
SAN DIEGO COUNTY
Diane Crosier and
Supt. Randolph Ward
are using SDCOE
resources to advance a
private lawsuit by their
contract lawyers at
Stutz, Artiano Shinoff &
Holtz. They are both
being sued by
Ward and Diane
Crosier are using
public funds to advance
Dan Shinoff's private
lawsuit against this
When San Diego County Office of Education-Joint Powers Authority executive director Diane Crosier
recently got subpoenaed by me (Maura Larkins) to testify in the defamation lawsuit against me by
Stutz, Artiano Shinoff & Holtz, Crosier was determined not to testify. She is the individual who has
assigned millions of dollars worth of SDCOE-JPA cases to Stutz lawyer Daniel Shinoff, and she's as
loyal as they come.
Crosier wasn't in her office on our first attempt to serve the subpoena, but the secretary in the office
assured us that Crosier would be in the next day after 1:30 p.m.
But lo and behold, Ms. Crosier was nowhere to be seen at 1:45 p.m. the next day. "She has a right to
change her schedule," the secretary said. (I guess she felt defensive; she must have known that
evading a subpoena is against the law.)
Another woman in the office aggressively demanded my name and the name of the server. The
woman told me I couldn't serve the subpoena since I was a party in the case. I pointed out to her
that I had brought someone else to serve. We left quickly.
Next I got a message from Stutz law firm that Shinoff was representing his benefactor Diane Crosier
in the matter, and his office would accept service. My server went to Shinoff's office for a final,
successful attempt at service.
Yesterday I got a letter from Stutz attorney Jeffrey Wade saying Crosier would not testify.
Apparently Crosier and her boss, Randolph Ward, are so anxious to help Shinoff shut down my
website that they are not only devoting the public resources of SDCOE to Shinoff to prevent
Crosier's deposition, but are devoting public resources to harrassing and intimidating me.
They have filed a lawsuit against me for harrassment.
Apparently they think I shouldn't be allowed to serve subpoenas on them. I haven't seen the lawsuit,
but it is clearly related to the deposition subpoena served on Diane Crosier. It would seem that one
of the labels for this post should be abuse of power, and another should be misuse of taxpayer
dollars for private purposes.
It's legally prohibited for public entities to sue for defamation, but Diane Crosier and Randall Ward
have found a way to use public resources to advance Stutz law firm's defamation suit against me.